6 - Civil Rights - Madison

1. Subsection (1) entitled "Declaration of Policy" of Section 3.58 entitled "Affirmative Action Ordinance" of the Madison General Ordinances is amended to read as follows:

(1). Declaration of Policy. It is the official policy of the City of Madison to provide equal employment and promotional opportunities and equal access to public services for all persons from all segments of the Madison community without regard to their race, religion, color, age, disability, sex or national origin, hereinafter referred to as affected or under-represented groups. The Council finds that the practice of unfair discrimination in access to public services, employment and contracting adversely affects the general welfare of the City. Because such practices have existed throughout Madison's history, the mere passive prohibition of discriminatory practices is not sufficient to effectuate this principle of equal opportunity in contracting, employment and promotional opportunity and equal access to public services. Affirmative and direct action is required to make equal employment, access to public service, and promotional opportunities a reality and correct the effects of past patterns of inequality.

To implement this policy, therefore, the City of Madison hereby adopts this Affirmative Action Ordinance designed to increase the number and representation of affected and/or other under-represented groups, in all departments, job classifications and salary categories throughout the City employment. All City of Madison agencies shall adhere to principles of equal opportunity in service delivery. The City of Madison in developing its Affirmative Action Program shall require similar efforts from vendors, contractors and firms with which it does business. The Council finds that it is not in the public interest for the City to purchase goods and services from vendors and contractors unless they demonstrate that they have taken affirmative action to ensure equal employment and sub-contracting opportunities.

Nothing in this ordinance is intended to alter or impair the City's or contractors' obligation to comply with Section 3.23 of these ordinances.

It is also the official policy of the City of Madison that as an overall goal, ten percent (10%) of the City's public works funds shall be expended with certified small business enterprises. The term "certified small business enterprises" is defined in the City's small business enterprise program, as approved by the Common Council. The Council finds that this policy will stimulate economic growth, promote the establishment of new businesses and provide employment opportunities.

In addition, when the City expends funds provided to it by federal agencies, the City expends funds provided to it by federal agencies, the City shall require that contractors comply with applicable federal regulations governing the participation of minority business enterprises, women business enterprises and disadvantaged business enterprises.

"(c) The Affirmative Action Commission shall have the following duties:

1. To annually review, approve and recommend the Citywide Affirmative Action goals and timetables as proposed by the Director of Affirmative Action.

2. To advise affected and/or other under-represented groups of their rights under the Affirmative Action program.

3. To disseminate information and to educate the people of the City of Madison to a greater understanding and practice of Affirmative Action Employment for all affected and/or other under-represented groups.

4. To render from time to time, but not less than once a year, written reports of its progress, activities and recommendations to the Mayor and Common Council.

5. To recommend and review such rules and regulations as may be necessary to promulgate the City's Affirmative Action Program.

6. To develop and review the contract compliance requirements of the City of Madison and to develop a policy with respect to vendors and contractors.

7. To make specific recommendations to the Common Council so as to bring all appropriate ordinances into conformity with the policies of this ordinance if necessary.

8. To provide administrative review of decisions of the Contract Compliance Officer to grant, deny or revoke certifications as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), or Disadvantaged Business Enterprise (DBE) as these are defined in sec. 3.58(8)(a)9.-11 of these ordinances and in the City of Madison Disadvantaged Business Enterprise/Minority Business Enterprise Program as approved by the Common Council; and a Small Business Enterprise (SBE) as defined in the Small Business Enterprise Program approved by the Common Council. The Commission shall adopt procedural rules for the conduct of such appeals.

The Chairperson of the Affirmative Action Commission shall appoint a certification appeals committee consisting of seven (7) persons, including one member of the Common Council, one member of the Board of Public Works, two (2) members of the Affirmative Action Commission, and three (3) citizens, to serve two (2) year terms.

2. To approve a City of Madison Civil Rights Compliance Plan, in order to maintain City compliance with Title VI of the Civil Rights Act of 1964, as amended. The Director of Affirmative Action shall coordinate the preparation of the Plan for the Commission's approval. Every City department which receives funds covered by Title VI shall cooperate with and assist the Director of Affirmative Action in the preparation of the Plan."

3. New Subsection (8) entitled "Civil Rights Compliance Plan" of Section 3.58 entitled "Affirmative Action Ordinance" of the Madison General Ordinances is created to read as follows:

"(8) Civil Rights Compliance Plan

(a) In order to maintain City compliance with Title VI of the Civil Rights Act of 1964, as amended, the Department of Affirmative Action shall coordinate the development and implementation of individual department plans for civil rights compliance. Department plans shall be incorporated into a composite, citywide Civil Rights Compliance Plan which includes policies and procedures governing equal access to public services and the City of Madison informal citizen complain procedure. The Civil Rights Compliance Plan shall be submitted to the Affirmative-Action Commission for approval.

(b) Upon approval by the Affirmative Action Commission, the Civil Rights Compliance Plan shall be submitted to the Mayor and Common Council for approval, and upon approval by the Mayor and Common Council, the Compliance Plan shall be incorporated into the citywide Affirmative Action Plan. Once adopted, the Compliance Plan shall be distributed to all department heads who shall be responsible for effective implementation, to include information dissemination and training for employees and members of commissions, boards and committees. Department heads shall also be responsible for complaint processing consistent with the Civil Rights Compliance Plan policies and procedures."

4. Current Subsections (8) entitled "Contract Compliance Provisions" and (9) entitled "Severability" of Section 3.58 entitled "Affirmative Action Ordinance" of the Madison General Ordinances are renumbered to Subsections (9) and (10) of said Section 3.58.